Jury Rejects Claim Of Injury After Arrest

March 13, 1986

DAYTONA BEACH — Three Ormond Beach policemen did not use more force than necessary when they restrained a man who claimed officers pinned him to the ground and broke his arm during an arrest, a Volusia County jury determined Tuesday.

Jurors deliberated only 18 minutes before deciding Ormond Beach does not have to pay damages to a construction worker injured after his arrest for drunken driving two years ago.

The verdict came on the second day of the trial. Tony Lee Allen, 33, a drywall hanger from Ormond Beach, sued the city, claiming the officers' excessive force resulted in a broken arm. He said the injury affected his ability to work.

Allen claimed officers injured his elbow by twisting his arm behind his back and forcing him to the ground. Two officers said they grabbed Allen's arms to subdue him because he made a sudden movement and they feared he might strike them or try to escape. A third officer assisted with the arrest.

Allen's attorney, Sylvan Wells, said he had not decided whether he will appeal.

Allen was stopped Feb. 20, 1984 by police who saw his car weaving on Ocean Shore Boulevard. He was convicted of the drunken driving charge and served time in the Volusia County Jail.